New South Wales Consolidated Acts

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MOTOR DEALERS AND REPAIRERS ACT 2013


- As at 17 November 2021 
- Act 107 of 2013 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   5.      Motor dealers
   6.      Motor vehicle repairers
   7.      Meaning of "carrying on a business"
   8.      Meaning of "close associate"
   9.      Motor vehicles exempted from Act

   PART 2 - LICENCES

           Division 1 - Offences

   10.     Definition
   11.     Unlicensed motor dealers
   12.     Unlicensed motor vehicle repairers
   13.     Unlicensed motor vehicle recyclers
   14.     No offence if partner holds licence
   15.     Repair work must be done by licensed motor vehicle repairers
   16.     Repair work must be done by holder of tradesperson's certificate
   17.     Holding out
   18.     Transfer or loan of tradesperson's certificate
   19.     Production of licences and certificates

           Division 2 - Licences generally

   20.     Types of licences
   20A.    Specialised authority
   20B.    Application for licence to carry on business at premises
   21.     Application to licences of Licensing and Registration (Uniform Procedures) Act 2002
   21A.    (Repealed)
   22.     Multiple licences
   22A.    Revocation of licences by Secretary

           Division 3 - Grant and refusal of licence applications

   23.     Investigation of applications
   24.     Application fees
   25.     Grounds for refusal--licences other than tradespersons' certificates
   26.     Mandatory grounds for refusal--tradespersons' certificates
   27.     Criteria for being fit and proper person to hold a licence

           Division 4 - Terms of licences

           28-30. (Repealed)
   31.     Tradesperson's certificate
   32.     Conditions of licences
   33.     Duration of licence
   33A.    Time period for restoration of licences
   34.     Amendment of licences
   35.     Surrender of licences
   36.     Duplicate licences
   37.     (Repealed)

   PART 3 - DISCIPLINARY PROVISIONS

           Division 1 - Grounds for disciplinary action

   38.     Grounds for disciplinary action--all licences
   39.     Additional grounds for disciplinary action--motor dealers' licences, motor vehicle repairers' licences and motor vehicle recyclers' licences
   40.     Additional grounds for disciplinary action--tradespersons' certificates

           Division 2 - Disciplinary process

   41.     Show cause notice
   42.     Power to suspend licence when show cause notice given
   43.     Inquiries and investigations
   44.     Decision to take no further action
   45.     Secretary may take disciplinary action
   46.     Mandatory licence cancellations
   47.     Offences

   PART 4 - OBLIGATIONS RELATING TO SALE, RECYCLING AND REPAIR OF MOTOR VEHICLES

           Division 1 - Sale of motor vehicles generally

   48.     Motor vehicles must be sold at licensed premises
   49.     Failure to disclose being motor dealer
   50.     Representations and other Acts by employees or agents of motor dealers
   51.     Misrepresentations about manufacture, registration or model of motor vehicle
   52.     Odometer tampering
   53.     Devices to facilitate odometer tampering
   54.     Suspected odometer tampering

           Division 2 - Inspection report and number-plate requirements

   55.     Application of Division
   56.     Current inspection reports
   57.     Sale at auction with number-plates
   58.     Other sales with number-plates
   59.     Sales of motor vehicles without number-plates attached

           Division 3 - Dealers' notices

   60.     Application of Division
   61.     Definition of "demonstrator motor vehicle"
   62.     Dealers' notices--disclosure and other requirements
   63.     Sale notices for second-hand motor vehicles
   64.     Sale notices for demonstrator motor vehicles and other second-hand vehicles
   65.     Damage notice for new vehicles
   66.     Defences

           Division 4 - Defects in motor vehicles sold by motor dealers

   67.     Definitions
   68.     Dealer guarantee for defective vehicles
   69.     Limitation periods
   70.     Variation of distance and time limits by regulation
   71.     Enforcement of dealer guarantee
   72.     Motor vehicles for which there is no dealer guarantee
   73.     Damage not covered by dealer guarantee
   74.     No dealer guarantee for second-hand motor vehicles where defect notice and inspection report attached
   75.     Other motor dealer not liable
   76.     Motor dealer liable for loss or damage during guarantee repairs
   77.     Effect on Australian Consumer Law remedies

           Division 5 - Dealer-financed purchases of motor vehicles

   78.     Application of Division to dealer-financed purchases
   79.     Definitions
   80.     Cooling off period for dealer-financed purchases
   81.     Right to terminate contract during cooling off period
   82.     Waiver of cooling off period
   83.     Motor dealer may not dispose of trade-in during cooling off period
   84.     Obligations of motor dealer on termination
   85.     Obligations of purchaser on termination
   86.     Return of motor vehicles
   87.     Termination of tied loan contracts

           Division 6 - Sales of motor vehicles on consignment

   88.     Definitions
   89.     Motor dealer must notify consignment sales
   90.     Trust account to be established
   91.     Payment of consignment sale amounts to trust account
   92.     Application of money in dealer's trust account
   93.     Protection of authorised deposit-taking institutions from liability
   94.     Period for accounting to consignor
   95.     Audit of dealer's trust account
   96.     Special audit of dealer's trust account

           Division 7 - Obligations of motor vehicle recyclers

   97.     Number-plates on motor vehicles acquired by motor vehicle recyclers
   98.     Sale of motor vehicles by motor vehicle recyclers
   99.     Certain parts or accessories to be marked

           Division 8 - Record keeping obligations

   100.    Registers must be kept by motor dealers, motor vehicle recyclers and motor vehicle repairers

           Division 9 - Suspicious goods

   101.    Duty to report suspicious goods
   102.    Retention of suspicious goods

           Division 10 - Motor vehicle brokers' obligations

   103.    Motor vehicle brokers' obligations

   PART 5 - REMEDIES RELATING TO CONDUCT BY MOTOR DEALERS, MOTOR VEHICLE REPAIRERS AND MOTOR VEHICLE RECYCLERS

           Division 1 - Unjust conduct by motor dealers, motor vehicle repairers and motor vehicle recyclers

   104.    Application of Division
   105.    Meaning of "unjust conduct"
   106.    Undertakings by licence holder
   107.    Register of Undertakings
   108.    Restraint of unjust conduct
   109.    Variation or discharge of restraining order

           Division 2 - Disputes

   110.    Definitions
   111.    Disputes to which Division applies
   112.    Investigation of disputes
   113.    Secretary may make rectification order
   114.    Effect of rectification order

           Division 3 - Rescission of motor vehicle sales and other orders

   115.    Definitions
   116.    Conferral of jurisdiction on courts
   117.    Rescission orders
   118.    Rescission orders after findings of guilt
   119.    Difficulty of restoring position no bar to rescission order
   120.    Effect of rescission orders on rights
   121.    Secretary and others have right to be heard before rescission order

           Division 4 - Penalties for unlicensed motor dealers and motor vehicle recyclers

   122.    Definitions
   123.    Forfeiture of motor vehicles and proceeds by unlicensed motor dealers and motor vehicle recyclers
   124.    Appeals against forfeiture and proceeds orders
   125.    Temporary restraint on disposition of property

           Division 5 - Administration of motor dealers and motor vehicle recyclers

   126.    Definitions
   127.    Appointment of administrator for holder of licence
   128.    Appointment of administrator for former holder of licence
   129.    Notification of appointment of administrator
   130.    Functions of administrator
   131.    Obstruction of administrator
   132.    Vacation of office by administrator
   133.    Revocation of appointment of administrator
   134.    Transfer of property under administration after revocation
   135.    Transfer of property under administration after vacation without revocation
   136.    Orders to provide for payment of administrator's costs
   137.    Power of Supreme Court to make certain orders
   138.    Person entitled to be heard
   139.    Improper withdrawal of money etc
   140.    Application to Supreme Court for directions

   PART 6 - UNFAIR CONTRACTS AND UNJUST CONDUCT AFFECTING MOTOR DEALERS

   141.    Definitions
   142.    Unfair contracts
   143.    Unjust conduct
   144.    Complaints to Small Business Commissioner
   145.    Applications to Tribunal about unfair supply contracts and unjust conduct
   146.    Declarations by Tribunal
   147.    Orders by Tribunal if term declared unfair or conduct declared unjust
   148.    Operation of other laws

   PART 7 - ENFORCEMENT AND OFFENCES

           Division 1 - Inspection powers

   149.    Authorised officers
   150.    Purposes for which powers of authorised officer may be exercised
   151.    Powers of entry, inspection etc
   152.    Power of authorised officer to obtain information, records and evidence
   153.    Police entry power
   154.    Search warrants
   155.    Obstruction and other related offences

           Division 2 - Proceedings for offences

   156.    Proceedings
   157.    Additional orders after findings of guilt
   158.    Penalty notices

           Division 3 - Liability of persons involved in corporations

   159.    Liability of directors etc for offences by corporation--offences attracting executive liability
   160.    Liability of directors etc for offences by corporation--accessory to the commission of the offences

           Division 4 - Evidentiary provisions

   161.    Evidence of licensing matters and exemptions
   162.    Evidence as to entries in registers
   163.    Evidence of carrying on business as motor dealer and advertising

   PART 8 - MOTOR DEALERS AND REPAIRERS COMPENSATION FUND

   164.    Meaning of "failure to account" by motor dealer
   165.    Motor Dealers and Repairers Compensation Fund
   166.    Money payable to Compensation Fund
   167.    Money payable from Compensation Fund
   168.    Matters for which claims may be made
   169.    Making of claims
   170.    Determination of claims
   171.    Certification of loss
   172.    Review of claim determinations
   173.    Subrogation
   174.    Recovery of payments from directors
   175.    Deferral of Compensation Fund payments

   PART 9 - MISCELLANEOUS

   176.    Administrative reviews by Civil and Administrative Tribunal
   177.    Register of licences
   178.    Disclosure of information
   179.    Saving of rights and remedies under other law
   180.    Contracting out void
   181.    No indemnity for motor dealers by previous owners
   182.    Provision of information
   183.    False or misleading register entries
   184.    Tender of documents for signature
   185.    Service of documents
   186.    Regulations
   187.    Delegation
   188.    Exclusion of personal liability
   189.    Act to bind Crown
   190.    (Repealed)
   191.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)


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